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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of:
BroadbandConnect, Inc.
Certification to Operate an
Open Video System
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MEMORANDUM OPINION AND ORDER
Adopted: May 2, 2001 Released: May 4, 2001
By the Chief, Consumer Protection and Competition Division, Cable Services Bureau:
I. INTRODUCTION
1. On April 25, 2001, BroadbandConnect, Inc. ("BroadbandConnect") filed an application for
certification to operate an open video system pursuant to Section 653(a)(1) of the Communications Act of 1934
("Communications Act") and the Commission's rules. BroadbandConnect seeks to operate an open video
system in various communities in Kent County, Maryland (the "Service Areas"). In accordance with our
procedures, the Commission published notice of receipt of the BroadbandConnect certification application
and posted the application on the Internet. No comments were received.
2. Pursuant to Section 653(a)(1) of the Communications Act, any entity meeting the requirements
may obtain certification to operate an open video system. In light of the brief period (ten days) for Commission
review of certification filings, the Commission concluded that Congress intended there to be a streamlined
certification process. Open video system operators may apply for certification at any point prior to the
commencement of service. Open video system operators must obtain certification prior to the commencement
of service, allowing sufficient time to comply with the Commission's requirements regarding notifications that
applicants must provide to potential programming providers.
3. As part of the certification process, the applicant must acknowledge and accept the obligations
associated with operation of an open video system and must provide certain information regarding its proposed
system. To obtain certification, an applicant must file FCC Form 1275, which requires, among other things:
(a) a statement of ownership, including a list of all affiliated entities; (b) a representation that the applicant will
comply with the Commission's regulations under Section 653(b) of the Communications Act; (c) a list of the
names of the communities the applicant intends to serve; (d) a statement of the anticipated type and amount of
capacity that the system will provide; and (e) a statement as to whether the applicant is a cable operator applying
for certification within its cable franchise area.
II. DISCUSSION
4. BroadbandConnect has submitted an application on FCC Form 1275 for certification to operate
an open video system in the Service Areas. We have reviewed the information contained in
BroadbandConnect's application. As required by Form 1275, the BroadbandConnect application provides the
following: company information and a separate statement of ownership listing affiliated entities; eligibility and
compliance representations; and system information and verification statements. BroadbandConnect also
confirmed that it served its application upon the designated telecommunications officials in the communities
involved.
5. We find that BroadbandConnect has provided the requisite facts and representations concerning
the open video system it intends to operate and has certified that it "agrees to comply and remain in compliance
with each of the Commission's regulations" under Section 653(b) of the Communications Act. We note that
if any representation in the BroadbandConnect certification filing proves to be materially false or materially
inaccurate, the Commission retains the authority to revoke BroadbandConnect's certification or impose such
other penalties it deems appropriate, including forfeiture.
III. ORDERING CLAUSES
6. Accordingly, IT IS ORDERED, that the application of BroadbandConnect, Inc. for
certification to operate an open video system in the Service Areas IS GRANTED.
7. This action is taken by the Chief, Consumer Protection and Competition Division, Cable
Services Bureau, pursuant to the authority delegated by Section 0.321 of the Commission's Rules.
FEDERAL COMMUNICATIONS COMMISSION
Deborah Klein, Chief
Consumer Protection and Competition Division
Cable Services Bureau